1. The defendant shall be the plaintiff.

(a) KRW 4,769,200, as well as 5% per annum from August 5, 2017 to July 24, 2018;

1. Basic facts

A. The Plaintiff is the owner of each land indicated in the separate sheet (hereinafter “each land of this case”).

B. Each of the instant lands has been packed in asphalt since before 2000, for the passage of the general public, vehicles, etc., and has been used as roads.

[Reasons for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition on the occurrence of the obligation to return unjust enrichment, the Defendant is obligated to return unjust enrichment to the Plaintiff, since each of the instant lands was used as a road and acquired benefits by occupying and using each of the instant lands from the date on which the Plaintiff loses ownership, and thereby caused damage to the Plaintiff, who is the owner.

On the other hand, the defendant asserts that the original owner renounced his exclusive right to use and benefit from each land of this case, and the plaintiff also acquired the land in question with the knowledge of such circumstances, and thus, he cannot claim the return of unjust enrichment to the defendant.

However, it is insufficient to recognize that the original owner of each of the lands of this case renounced his exclusive right to use and benefit from the land of this case only with the descriptions of the evidence Nos. 1 and 2 (including each number), and there is no other evidence to acknowledge this, the defendant's above assertion is rejected.

B. In ordinary cases of the scope of return of unjust enrichment, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate. The basic price of land for calculating the amount of unjust enrichment equivalent to the rent of the land occupied and used by the State or a local government as a road. The basic price of land is the form of the road as the road management authority by constructing the road for the land which the State or a local government previously used for the public traffic from the former to the public.